We the People

Georgetown Law Professor Randy Barnett discusses the evolution of originalism from judicial restraint to constitutional conservatism. He explores his journey into originalism, the impact of influential figures like Spooner and Scalia, and the shift towards judicial constraint. The conversation delves into the Ninth Amendment, the conservative judicial movement, and the importance of advocating for constitutional principles.

Federal Judge David Tatel discusses his legal career and landmark cases, overcoming challenges posed by blindness in his memoir 'Vision'. Topics include advancements in iPhone accessibility, evolution of perceptions towards blindness, respecting Congress in judicial decisions, the Chevron principle in administrative law, desegregation efforts, and promoting the common good through the legal profession.

Law professors Sai Prakash and Michael McConnell discuss the Supreme Court's ruling on presidential immunity, exploring historical perspectives, evolution of presidential power, constraints on immunity, and interpretations of Federalist 77. They delve into the balance of powers, executive authority, and implications for the behavior of executive officials.

Legal experts Harold Koh, Deborah Pearlstein, and Matthew Waxman discuss Trump v. United States and the National Security Constitution, exploring implications of executive power, presidential immunity, checks and balances, and calls for structural reforms to strengthen Congress in national security matters.

Legal analysts Sarah Isgur and Marcia Coyle join to review the Supreme Court's key decisions of 2023-24 term, covering topics like Chevron deference, domestic violence law, obstruction laws in January 6 cases. Insights include shifts in judicial dynamics, overturning precedents, originalism evolution, and implications on executive power. Supreme Court cases like Fisher and Garland versus Cargill are also discussed.

Political theorist William B. Allen and author Alison LaCroix discuss the intellectual foundations of constitutional interpretation from the founding to the Civil War. They explore historical practice in interpreting the Constitution, debates over constitutional interpretation today, and the complexities of sovereignty and states' rights during the interbellum era.

Authors Yuval Levin and Aziz Rana debate whether the Constitution can foster national unity, discussing critiques of constitutionalism, the evolution of presidential power, interpretations of the framers' goals, historical context, challenges of administrative agencies, the rise of originalism, and the limitations of originalism, advocating for constitutional reforms and mass mobilization to uphold democratic values.

Historians Stephen Knott and David O. Stewart discuss the Trump criminal verdict, historical attacks on the judiciary by presidents, power struggles in American politics, Reconstruction aftermath, progressive era changes, impacts of Nixon and Clinton on the rule of law, and Trump's claims of a rigged trial.

Leading election and voting rights scholar, Joshua Douglas, discusses the recent Supreme Court ruling upholding South Carolina's voting map against a challenge from the NAACP. The podcast explores the distinctions between partisan and racial gerrymandering, implications for future boundary disputes, and the evolving views on racial gerrymandering in the Supreme Court. Additionally, the discussion delves into Justice Thomas's color blindness principle in voting rights and the potential impact of the court's decision on future voting rights and redistricting.

In this episode, two acclaimed Lincoln historians—Sidney Blumenthal, author of the three-volume The Political Life of Abraham Lincoln, and Harold Holzer, author of the new book Brought Forth on This Continent: Abraham Lincoln and American Immigration, join Jeffrey Rosen to assess Lincoln’s life and legacy to explore similarities between the 19th century and today. This program was streamed live on March 27, 2024, as part of our America’s Town Hall series.  Resources:  Harold Holzer, Brought Forth on This Continent: Abraham Lincoln and American Immigration  Sidney Blumenthal, Wrestling With His Angel: The Political Life of Abraham Lincoln, Vol. II, 1849-1856  Abraham Lincoln, Cooper Union Address (February 27, 1860)  Harold Holzer, Lincoln at Cooper Union: The Speech That Made Abraham Lincoln President   Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library.